"The president is going to act," said Biden, giving some comments to the press before a meeting with victims of gun violence. "There are executives orders, there's executive action that can be taken. We haven't decided what that is yet. But we're compiling it all with the help of the attorney general and the rest of the cabinet members as well as legislative action that we believe is required."

Biden said that this is a moral issue and that "it's critically important that we act."

Biden talked also about taking responsible action. "As the president said, if you're actions result in only saving one life, they're worth taking. But I'm convinced we can affect the well-being of millions of Americans and take thousands of people out of harm's way if we act responsibly."

Biden, as he himself noted, helped write the Brady bill.

Eric Holder was scheduled to be at the meeting that's currently taking place at the White House.

To be clear, EO’s aren’t a Progressive or Republican problem. EO’s are an equal opportunity contagion. Both parties, all modern presidents, Congress, the Supreme Court, and, yes, We the People are culpable. If we deserve better, we will beget better.
Art I, Sec 1 of the US Constitution concisely and unambiguously provides that all legislative powers herein granted shall be vested in a Congress... In sharp contrast, Art II specifically outlines Executive powers and duties, none of which include legislating in any form. And to checkmate an overreaching Chief Executive, Art II also provides for the impeachment and removal of not only the Chief Executive, but of any and all officers comprising the Executive Branch.
The rub: if the law intended to countermand an EO is vetoed by the President, to override that veto requires a 2/3 vote, a super majority, in both chambers of Congress, clearly a politically daunting task indeed. Of course, there is the laborious process of impeachment and removal of the offending President to remedy the executive overreach. But, again, removal would require a 2/3 majority in the Senate, a very unlikely scenario.

Biden is either a complete and total fool or he has become an Obama tool.Perhaps a little of each.

Obama can write hs Executive Order, but carrying it out in an armed America that KNOWS it is a completely illegal order according to the Constitution will cause problems he has no idea how to deal with.

If Americans fight to kjeep their gun rights they are fighting on the right side of history the right side of America.

It would be well to take the sensible analysis of leftist usurpation of constitutional legitament process given in Sowell's The Vision of the Annointed and utilize it in dealing with the leftist's moves on this issue.

When the left has successfully avoided real analysis and understanding of an issue by elevating it to an artificial "Crisis" level, centralizing the solutions to the Federal level and then portaying themselves as the only people caring and concerned about the Crisis they have an automatic next move.

That next move is to try and skip legitiment process which in this case might be careful and constitutional legislation and instead, try for executive or judicial fiat. Why have a law when you can claim a crisis and rule by decree?

I work with a guy from Brazil who just got back from a 3 week visit to his family there. He said there are no guns allowed in Brazil so only the criminals and well-connected with body guards have guns. Apparently people are routinely rounded up by the gun toting criminals in restaurants or wherever and ordered to hand over their valuables - which they do rather than get shot. Crime is beyond control there and that is why he left - there is more than the police can begin to handle. He said he went out with his sister (a lawyer who has a bodyguard) and at the restaurant they had to sit in a corner facing the door “like Al Capone” to make sure they are safe. His stories are unbelievable and he said 20 years ago you could go there and visit but now it’s too unsafe for tourists.

Actually it sounded somewhat like Chicago - where the law abiding are sitting ducks.

The Supreme Court ruled in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) that Executive Order 10340 from President Harry S. Truman placing all steel mills in the country under federal control was invalid because it attempted to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution.

Obama has been pushing the limits on "Youngstown" since he took office, his "backdoor amnesty" is on shaky legal ground and still being challenged on the courts, but at least he attempted to meet the standards of "Youngstown" by claiming he was clarifying that the head of DHHR had the discretion to delay a deportation order indefinitely. A Assault Weapons Ban or Gun Registration Scheme would be blowing "Youngstown" clear out of the water as current federal law flat out bans registration.

I always understood that an Executive Order could only clarify existing law, not create new law (which bypasses the Legislature)?

The Supreme Court ruled in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) that Executive Order 10340 from President Harry S. Truman placing all steel mills in the country under federal control was invalid because it attempted to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution. Presidents since this decision have generally been careful to cite which specific laws they are acting under when issuing new executive orders.

Under obamacare, Physicians and teachers are asking kids, “does daddy have any guns at home?” The EO will be just an order to confiscate based on the info collected. Under the patriot act POTUS decides who is a terrorist. An EO to DHS, may be all Zero needs.

38
posted on 01/09/2013 10:07:24 AM PST
by swamprebel
(a Constitution once changed from Freedom, can never be restored.)

He could order the BATFE to do various absurd, illegal, things, and the jacked-booted thugs would comply.

They might, but without the assistance of local and state law enforcement they wouldn't have the manpower to make even scratch the surface (for instance, in my state of West Virginia the ATF has less than 50 agents for then entire state). All red state governors should do like they did with Obamacare and order state and local law enforcement not to assist.

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